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1997-01-21 Water & Sewer NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 351 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Tuesday, January 21, 1997, at 10:46 A.M. in the Assembly Room of the New Hanover County Courthouse. The following members were present: District Commissioners Buzz Birzenieks; Ted Davis, Jr.; Robert G. Greer; Vice-Chairman Charles R. Howell; Chairman William A. Caster; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the District Board, Lucie F. Harrell. Chairman Caster called the meeting to order. NON-AGENDA ITEMS Chairman Caster asked if anyone from the public would like to present an item not listed on the Regular Agenda. No items were presented. APPROVAL OF MINUTES Motion: District Commissioner Birzenieks MOVED, SECONDED by District Commissioner Greer to approve the minutes of the Regular Meeting of January 6, 1997, as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF WATER CONNECTION POLICY County Engineer, Wyatt Blanchard, reported the Ogden water tower had been completed and the District had approximately 100,000 gallons of water capacity. In order to properly allocate the capacity, the District Board is being requested to consider the following water connection policy: 1.Each request is to be considered by the District Board of Commissioners (or its designee) on a case-by-case basis. 2.A development fee will be charged equal to $600 per single- family residential unit (400 gallons per day) and $1.50 per gallon per day for each gallon of projected water use for commercial, industrial customers, and other users to pay for the cost of elevated tanks, trunk lines and wells. Fees shall be paid at the time of obtaining the building permit. A $600 fee was established with Conoco for the Wrightsboro area. 3.Credit for development fees will be provided based on $1.00 per gallon if the developer has paid for elevated tank storage capacity. 4.Development Fee: $1.00/gallon elevated storage $ .50/gallon water mains and well facilities NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 352 Discussion was held on the manner in which water allocations had been granted in the past. County Engineer Blanchard explained that allocations had been approved on a case-by-case basis. Under the proposed policy, the fees would be based upon State water standards set at 400 gallons of use per day for an average home at a charge of $1.50 per gallon which calculates to a fee of $600. For businesses and mobile home parks, the fee would be based on normal water requirements as published by the State of North Carolina. Commissioner Birzenieks expressed concern for implementing a water connection policy that would greatly impact an individual who has a water allocation request on the agenda after the proposed item. He advised this individual had been working with Staff for the past year to connect a mobile home park to the water system and was not aware that the proposed policy would be considered by the District Board this evening. Concern was expressed for not having a policy in place with proper notification to the public before granting water allocations. Chairman Caster agreed and suggested adopting the policy with establishment of a future effective date. This will provide time for proper notification to the public as well as provide an equitable way to consider the water connection request on the agenda. Further discussion was held on the fact that a $600 hook up fee would not cover the total costs. County Engineer Blanchard advised the fee was not adequate to cover normal costs of wells, water lines, transmission lines, and storage. In order to cover the total costs, the fee would have to be increased to $750 per house. After a lengthy discussion on the fee applying only to new residents, Chairman Caster requested Mr. Bill Dobo, a partner of Cape Fear Utilities and Quality Water Systems, to explain the connection policy used by those utilities. Mr. Dobo reported the tap fee was calculated on the cost of installing a meter with the fee increasing based upon the size of the meter. For example, a tap fee for a 3/4-inch meter would be $700 and for a 1-inch meter $850. The State requires an elevated shortage tank that will provide one-half of a day's water supply per customer. In his opinion the State requirement of 400 gallons is not correct because company records for the past 30 years reflect that customers use approximately 200 gallons per day per household. Mr. Dobo recommended not taking action on the proposed policy until more data had been received to develop an adequate fee. He volunteered to assist Staff in the development of the fee. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 353 District Commissioner Greer recommended deferring action on this request until Staff could work with Mr. Dobo and other water experts in the community for development of a water connection policy. Motion: Vice-Chairman Howell MOVED, SECONDED by District Commissioner Birzenieks to table this item until February 17, 1997, to allow Staff to meet with Mr. Dobo and other experts in preparing a water connection policy. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONDEMNATION FOR ACQUISITION OF SEWER LINE EASEMENT County Engineer, Wyatt Blanchard, reported Staff had been working with several landowners to acquire an easement for a sewer line that will extend from the Acorn Branch sewer pump station and run north across Kerr Avenue to serve the surrounding area including Ivey Woods and Runnymeade. The line will eventually allow for elimination of a package treatment plant. All of the necessary easements have been negotiated with the exception of four property owners. Hours of time and effort have been spent in trying to obtain the easements; however, due to the number of heirs involved with the property, Staff has not been able to reach an agreement. He requested the District Board to authorize the County Attorney to proceed with condemnation. Discussion was held on whether condemnation was absolutely necessary. County Engineer Blanchard responded that a number of heirs lived out of state and after numerous attempts to negotiate the easements, it has been impossible to satisfy all parties involved. He commented on the efforts by Staff to avoid condemnation and advised that only one condemnation proceeding had occurred since the establishment of the Water and Sewer District. Vice-Chairman Howell inquired as to whether the heirs had been notified of the condemnation proceedings? County Attorney Copley reported the heirs would be notified of the condemnation process once the legal documents were received. She advised under State Statutes notification had to be given to the heirs thirty days before condemnation proceedings could begin. In the notification letter, the District could offer to continue to negotiate an agreement for the easements within the 30-day period. Motion: Vice-Chairman Howell MOVED, SECONDED by District Commissioner Birzenieks to authorize the County Attorney to proceed with condemnation proceedings if no easement agreements can be negotiated within 30 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION TO EXCHANGE WATER CAPACITY FOR OGDEN INTERCEPTOR EASEMENTS AND APPROVAL OF CONTRACT #97-0093A County Engineer, Wyatt Blanchard, reported Staff had been NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 354 working with various landowners to obtain easements for the Ogden Interceptor. The route of the interceptor crosses the property owned by the developers for Farrington Farms. This company has requested the District to grant water capacity in the Murrayville Water System for 45 lots in exchange for the Ogden Interceptor easements. If the District Board authorizes this action, it would be a commitment for capacity only and would not waive any applicable fees. Staff recommends approval of the exchange and necessary contracts. Motion: District Commissioner Greer MOVED, SECONDED by Vice- Chairman Howell to grant the capacity in the Murrayville Water System for 45 lots to the Farrington Farms Development Corporation in return for the Ogden Interceptor easements, and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the contracts are on file in the Legal Department. APPROVAL OF SEWER ALLOCATIONS FOR THE NORTHSIDE WASTEWATER TREATMENT PLANT County Engineer, Wyatt Blanchard, reported prior to the execution of an agreement with the City for use of approximately 2.5 to 3.0 million gallons daily of unused capacity in the Northside Wastewater Treatment Plant, all requests for Northside capacity allocations were approved by the District Board of Commissioners because capacity was severely limited. Since the plant capacity is no longer limited, the District Commissioners may wish to allow Staff to allocate the capacity at the Northside Wastewater Treatment Plant. County Manager O'Neal suggested allowing Staff to approve the allocations with the provision of a quarterly report. Motion: After further discussion, District Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to authorize Staff to allocate sewer capacity at the Northside Wastewater Treatment Plant and provide a quarterly report as an agenda item showing the amount of allocations and remaining treatment capacity for the entire District. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF REVISION TO CONTRACT #96-0452 WITH CAROLINA EAST DEVELOPERS, INC. AND LANDMARK DEVELOPERS, INC. County Engineer, Wyatt Blanchard, reported Staff had been working with the owners of Arrondale, Heritage Woods and Masonboro Commons to negotiate an agreement that will allow for construction of the planned sewer force main along River Road from the Tidal Holm Subdivision to the proposed pump station to be located at River Road and Motts Creek. The original contract was approved by the District Board of Commissioners on June 17, 1996; however, the developer of Masonboro NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 355 Commons would not sign the contract. The contract has been amended to allow the other developers to proceed with construction of the sewer force main under the same terms and conditions. The developer will be required to pay 60% of the cost with the District paying the remaining 40%. Construction of the sewer force main is to be completed no later than July 1, 1998. District Commissioner Davis expressed concern for specifying a completion date without placing language in the contract to protect the District from any liability that could be incurred if unforeseen circumstances prevented the District from completing the project within this time frame. He recommended including some language in the contract to protect the District's interest. Motion: District Commissioner Greer MOVED, SECONDED by Vice- Chairman Howell to approve the revisions to Contract #96-0452 contingent upon language being incorporated into the contract specifically stating that if some unforeseen circumstances should arise and the District could not complete the project by July 1, 1998, no liability would be incurred by the District. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. AUTHORIZATION FOR HIGHLAND PINES MOBILE HOME PARK TO CONNECT TO THE COUNTY WATER SYSTEM County Engineer, Wyatt Blanchard, reported the owner of Highland Pines Mobile Home Park had requested to connect the 37-lot mobile home park to the Murrayville/Ogden Water System in order to avoid the high costs of monitoring small water systems. He reported the owner would be required to install the connection line between the two systems. Mr. Bill Mayo, the owner of Highland Pines Mobile Home Park, requested the District Board to consider authorization for the meter to be placed where it connects to the District's system near Meadowbrook Subdivision in lieu of the site on Gordon Road. Chairman Caster requested an explanation as to why the location of the meter was significant? County Engineer Blanchard explained that if the meter was located at the point of connection to the District's system and the line should break, Mr. Mayo would be required to pay for the water. If the meter was located near the mobile home park, the District would pay for the water and be responsible for maintaining the 1500 foot service line. County Manager O'Neal advised that if other residents and businesses could connect to the 2-inch service line there would be no problem; however, due to the size of the line, the mobile home park would be the only user. He expressed concern for the District NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 356 becoming liable for the line, which in his opinion was not a desirable situation. District Commissioner Birzenieks stressed the importance of considering the 37 families who have lived in the mobile homes for a number of years. If the meter is located as requested by the District, private citizens will be required to maintain a line on the public property. He stressed the importance of county government helping people whenever possible. Assistant County Manager, Dave Weaver, explained the mobile home park was considered a commercial use. In a subdivision where people own the property, it would be a different situation; however, if the ownership of the mobile home park should change in the future, this commercial use could be used for another purpose, and the District would be required to maintain the 1500 foot line for that use. Mr. Mayo advised he did offer to install an 8-inch line if it would be of benefit to the District. Mr. Bill Dobo, a partner of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc., advised that N. C. Department of Transportation (NCDOT) regulations do not allow a private citizen to install pipes down State rights-of-way; therefore, the meter location suggested by the County Engineer would require running a water line across private property. A municipality, a public utility, or private utility must acquire an encroachment on a NCDOT right-of-way. The N. C. Utilities Commission requires the user to pay for the extension of the main. During the next five years, if another person connects to the line, this person would be required to pay a portioned share with the money returned to the person who paid for the extension. District Commissioner Greer asked Mr. Dobo what the cost would be for Mr. Mayo to connect to one of his water systems? Mr. Dobo responded that Mr. Mayo would be required to extend the existing 8-inch main to his property and pay the standard tap fee. When other persons connect to the line within five years, a portioned share would be paid to the owner as reimbursement. The connection fee is based upon the size of the meter, not the number of lots. A 1/2 inch meter would cost $1,200 plus the cost for installing 1500 feet of an 8-inch water line. Discussion was held on the NCDOT regulations. County Engineer Blanchard responded if an individual was prohibited from placing a line on a NCDOT right-of-way, the District would enter into a three-party encroachment agreement with NCDOT and the individual. The owner would contract to perform the work with the line being turned over to the District for maintenance once it was completed. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 357 Motion: After discussion, District Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Howell to require Mr. Mayo to pay for the cost of the line and the District's meter with placement of the meter on the owner's property and maintenance of the line by the District since it is located on public property. Assistant County Attorney, Dave Weaver, requested the District Board to consider the funds that are being paid by the District at $1.00 per gallon into the Murrayville elevated storage tank project. The purpose of charging the facility fee was to recoup some of these monies. Substitute Motion: After further discussion, District Commissioner Greer made a SUBSTITUTE MOTION, SECONDED by Chairman Caster to require Mr. Mayo to pay for the cost of the line and the District's meter with placement of the meter on the owner's property with maintenance of the line by the District plus a $1,500 service fee. District Commissioner Davis asked if the $1,500 service fee was to reimburse the District for funding participation in the Murrayville elevated storage tank construction. District Commissioner Greer responded some type of fee should be charged because a normal person requesting to connect to the system would have to pay a connection fee. Since there is no water connection policy in place, Mr. Mayo should not be penalized by being required to pay $9,000; however, some fee should be charged. Original Motion Withdrawn: District Commissioner Birzenieks withdrew the ORIGINAL MOTION. Chairman Caster called for a vote on the SUBSTITUTE MOTION. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF EXPANDING THE SIZE OF THE ELEVATED STORAGE TANK IN WRIGHTSBORO County Engineer, Wyatt Blanchard, reported the contract with Conoco allows for construction of a 300,000 gallon elevated water tank to serve the Wrightsboro area. The District has an opportunity to expand the tank by 100,000 gallons of capacity at a cost of approximately $105,000. The increased capacity will be an asset to the District as development occurs in the northern end of the County. Motion: Vice-Chairman Howell MOVED, SECONDED by District Commissioner Birzenieks to authorize the expansion of the elevated water tank by 100,000 gallons at a maximum cost of $105,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JANUARY 21, 1997PAGE 358 ADJOURNMENT Motion: Vice-Chairman Howell MOVED, SECONDED by District Commissioner Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:49 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board